PETA claims leave cloud over Asmussen barn

The CJ's Adam Himmelsbach and Greg Hall talk about the latest PETA investigation into horse racing, Kentucky Derby trainer Steve Asmussen, and and the public perception of the industry.

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Trainer of Tapiture Steve Asmussen, right, is seen riding next to Tapiture after a workout at Churchill Downs. April 26, 2014(Photo: Aaron Borton, Special to the CJ, Aaron Borton, Special to the CJ)Buy Photo

Twelve days before the Kentucky Derby, trainer Steve Asmussen pointedly started a conversation with reporters with a query of his own: "Any PETA questions?"

Then, he held out his hand like a stop sign and waved it side to side. Not the place, Asmussen said. When a reporter pressed later, asking what it was like to train in the midst of PETA allegations of equine abuse in his barn, Asmussen — trainer for Derby contender Tapiture and for Untapable, the likely Oaks favorite — said plainly, "You do what you think is right with the horses every day."

The questions that Asmussen sidestepped stem from an undercover investigation by People for the Ethical Treatment of Animals — detailed March 19 by The New York Times — alleging that he and assistant Scott Blasi were cruel to horses in their care at Churchill Downs and at Saratoga Race Course in New York, including using electronic "buzzers" to shock horses to run faster and medicating injured horses so they could pass vet inspections.

An undercover PETA investigator got a job in the barn as a hot walker and in the spring and summer of 2013 secretly videotaped scenes and conversations, which Clark Brewster, attorney for Asmussen and Blasi, says have been edited to make false claims against his clients.

On March 20, Kentucky and New York racing officials said they were investigating the allegations. The Kentucky Labor Cabinet also is investigating. The U.S. Attorney for Louisville, David Hale, received a complaint from PETA and had no comment.

Asmussen and Blasi both deny the allegations, and so far, there has been no resolution to the investigations. But the allegations hover over the industry as a whole this week.

Ogden Mills Phipps, chairman of The Jockey Club that registers thoroughbreds and has a bully pulpit for the sport, said earlier this month that it would be better for the industry if Asmussen avoided the Derby.

"His presence and participation would indicate that it's just 'business as usual' in the thoroughbred industry," Phipps said in the statement.

Yet, Brewster argues that horse racing itself was the real target of the PETA sting, noting that, after five months inside Asmussen's barn, "the only accusations coming from (PETA) are generally accusations that horse racing shouldn't exist."

"I think in a way that's fair," PETA's Guillermo said of the suggestion that her organization wants to end the sport. "PETA is an abolitionist organization. We don't believe animals should be exploited."

Denying charges

Referring to Blasi's profanity in the tapes, Brewster said PETA's accusations could be reduced to "bad language, or the fact that Steve was engaged in the horse racing industry or that they take issue with the way medication rules are (written) and aren't."

No video is shown of a buzzer in use — mainly an apparent conversation about one between Blasi and jockey Ricardo Santana Jr. — and there is no audio of Asmussen on the video. Brewster said the talk of a buzzer with Santana, who will ride Tapiture, "obviously" was a joke.

Still, Asmussen relieved Blasi of his assistant training duties after the video — a move reported by various media accounts as a firing, although Brewster declined to use the term.

"Scott's statements were unacceptable ... and Steve made the decision to relieve Scott of his duties at that time," Brewster said, adding that he is not sure what Asmussen's long-range plan will be.

Churchill Downs' only comment was a statement deferring to the investigations by Kentucky and New York authorities and saying, "The health, welfare and the safety of our equine and human athletes is paramount at Churchill Downs' racetracks ... and we've made long-term and far-reaching commitments to incorporate health and wellness measures for every race, every day."

Impact on Asmussen's barn

Asmussen, a 48-year-old South Dakota native, comes from a racing family of breeders, owners, trainers and jockeys. He became a trainer in 1986 after his weight forced him to abandon a teenage jockey career, and he has since conditioned some of the sport's best horses, like two-time Horse of the Year Curlin — who enters the Hall of Fame this year — and Rachel Alexandra, the 2009 Horse of the Year.

The PETA report prompted the National Museum of Racing and Hall of Fame to table his nomination to the hall. But his stable — one of the largest training operations in racing, competing at all levels — has a slew of other trophies.

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Trainer Steve Asmussen likes what he has to see from his horse during training at Churchill Downs. After shortcomings in the Rebel and Arkansas Derby, Asmussen is hoping to see the Tapiture showcase the athlete he truly is.
Alton Strupp, The C-J

It has been no worse than fourth nationally in money earned since 2001, with the exception of 2006 when he had the suspension and was ninth. He's fourth so far this year. He's trained two Preakness and four Breeders' Cup winners, and won two Eclipse Awards — in 2008 and 2009.

Yet, the PETA sting isn't his first scrape with controversy; he served a six-month suspension in 2006-07 for a Louisiana medication violation, and paid a $250 fine in 2008 for cursing at a Churchill Downs starter when demanding that a specific assistant starter be assigned to help one of his Derby horses into the gate. Asmussen denied using profanity.

In the wake of the latest allegations, at least one high-profile owner has pulled 12 horses from Asmussen's barn, which has in the past included as many as 200.

Zayat Stables, which owned the now-deceased 2011 Derby runner-up Nehro, whose chronic foot problems were highlighted in the undercover video, has "closed our chapter with Steve Asmussen," said Justin Zayat, the son of stable head Ahmed Zayat. A press release from the stable said Ahmed Zayat was unaware of Nehro's foot problems beforehand.

But Winchell Thoroughbreds, the owner of Tapiture and Untapable, has remained with Asmussen. And in an ESPN podcast earlier this month, owner Ron Winchell credited Asmussen for his attention to detail and spoke about keeping his horses with his barn.

"I think we need to let the investigative bodies do their job and I think that we need to do that before there's a rush to judgment," Winchell said. "And I think there's a bit of a rush to judgment going on."

Other trainers

Other trainers said much the same, praising Asmussen for his work ethic and taking issue with PETA's use of an undercover agent.

"I've always thought for as big of an outfit as he has, his horses always look exceptionally good, and Steve's obviously a very hard worker," said Churchill-based trainer Paul McGee, whose barn is near Asmussen's.

As for Blasi's course language on the PETA video, McGee noted, "Scott's always had the dirt mouth, so for those of us here on the backside, it wasn't that surprising. ... (but) it doesn't fly very well on a 9-minute video on YouTube."

McGee also disputed allegations that Nehro's was mistreated — specifically the idea that lack of a discernible pulse in his feet was a bad thing.

"A throbbing foot (when you can easily find the pulse) is not a good thing," McGee said. "When you refer to 'no pulse to the foot,' that would be a good thing."

Trainer Bob Baffert agreed, noting that his own wife Jill initially was "freaking out" over the hoof issue until he explained it to her.

Guillermo said PETA's focus was not on the lack of a pulse. "What we spoke to was the fact that this was a horse who by the admission of the trainer and the farrier had very bad feet, had hooves that were too short and were literally falling apart and was clearly in pain."

Churchill-based trainer William "Buff" Bradley said he was in the same barn with Asmussen at a Louisiana track in the 1990s and, "I never saw them abuse a horse ever — or mistreat or even act like it was mistreated."

Romans said he believes both Asmussen and Blasi will be vindicated.

"Whether you like Steve or not, like Scott or not, they take very good care of their horses and I think that it's a very edited tape," Romans said. "I don't think anybody wants their worst nine minutes in four months put on tape and shown to the world."

The investigations

Two of the agencies investigating the allegations have complained that PETA has caused delays by failing to submit documentation and interviews.

For example, Daniel Lowry, a spokesman for the state Labor Cabinet, said its investigation is on hold, waiting to hear back from PETA and PETA's undercover agent.

And Kentucky racing commission Executive Director John Ward told industry publication The Blood-Horse, "We are moving at a fast snail's pace dictated by the PETA organization."

Ward declined to elaborate in a brief interview last week, saying only that his Blood-Horse comments were accurate. "I probably went farther than a lot of people thought I should have," he said.

Guillermo denied that the organization isn't forthcoming and said its attorneys were in touch with the Kentucky commission via letter on last week.

"We stand ready to fully cooperate when we're assured that the investigation will be unbiased and complete," she said, something the organization was unsure of after the KHRC tried to subpoena information after PETA filed its complaint. That was "not the usual or appropriate response to a request for an investigation," she said, "and we are concerned about the leak of documents and information."

Asmussen attorney Brewster alleges that Blasi and the undercover investigator had a romantic relationship. And the Zayat stables' press release quoted an apology text from Blasi saying: "I was clearly under the influence of alcohol and a woman."

Guillermo declined comment on whether the investigator and Blasi were romantically involved — saying she had no knowledge — "but that's something that has nothing to do with the allegations in this case."

Industry posturing?

The investigation has led to a variety of proposals to better police the industry — some of which are old, like a uniform medication policy, and some of which are newer, like having owners and trainers release veterinary records for horses in top races and having a centralized racetrack pharmacy that veterinarians treating horses would have to use.

But trainer Dale Romans, like other trainers, says there's no need to change what he says is an already well-regulated sport.

The idea of releasing veterinary records is "ridiculous," he said, because "if somebody's doing something, are they going to voluntarily say I did it illegal? It's just posturing and I don't like posturing."

He also questioned the selective enforcement in only top races, saying, "what about the rest of the races?"

Bradley said he believes the allegations have given the industry "a black eye," at a bad time — as the nation focuses on one of the premier races in the industry.

But he believes that ultimately, PETA and others will be educated more about the industry and realize "we're not that bad" and that many in the field "take care of these horses better than they do (themselves)."

Reporter Gregory A. Hall can be reached at (502) 582-4087. Follow him on Twitter at @gregoryahall.